SLORC's CHILD REPORT-4

SLORC'S INITIAL REPORT TO THE COMMITTEE ON THE RIGHTS OF THE
CHILD. THE DOCUMENT IS DIVIDED INTO SIX SECTIONS FOR EASY
DOWNLOADING.
SECTION 4
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E. Adoption (art. 21)
80. Legal context:
(a) Under ection 17 of the Child Law every child
shall have the right to be adopted in accordance with law;
that the adoption shall be in the interests of the child; and
that the adoptive parents shall be responsible for the care
and custody of the child to ensure that there is no abduction
to a foreign country, sale or trafficking, unlawful
exploitation, unlawful employment, maltreatment, or pernicious
deeds and illegal acts;
(b) A couple are allowed to adopt a child in accordance
with the rules. However, they must follow the regulations for
adoption laid down by the Department of Social Welfare. Some
of the regulations are (a) the child must have the right to
inheritance, (b) the parents must take the responsibility of
their adopted child's good deeds as well as bad deeds; (c)
parents must not hand over the child to another person; (d)
parents must not sell the child or give him away temporarily,
(e) parents must not take or send the child abroad, not even
for a short period, without the consent of the Department of
Social Welfare before the child attains 18 years of age;
(c) If the couple follow the regulations, the contract of
adoption takes place. However, legal action will be taken if
they fail to follow the regulations and the child will be sent
back to the custody of the Department of Social Welfare;
(d) After adoption, the parents can name their adopted
child, but they must report the name, and also if there is a
change of name, to the Department of Social Welfare. Progress
reports on health, education status, etc. must be sent
regularly to the Department of Social Welfare once a year. If
the adopted child is a girl, the Department of Social Welfare
must be informed of the exact date of her marriage. Legal
action will be taken against those who do not fulfil the
parental duties, and who fail to give care and protection to
their adopted child.
81. Implementation:
(a) Measures are taken by the Department of Social
Welfare for adoption of the children under their care in
accordance with the law. People who want to adopt a child
have to apply to the Department of Social Welfare stating
their reasons. The Department of Social Welfare scrutinizes
the application and, based on the findings, decides whether
to give permission;
(b) The Department of Social Welfare has given permission
for the adoption of 54 children between the ages of newly born
to five years under their care during the period 1989-1993
with the aim of the children receiving parental love and
protection.
F. Illicit transfer and non-return of children abroad
(art. 11)
82. Legal context:
(a) Section 361 of the Penal Code provides that taking or
enticing any minor under 14 years of age in the case of a
male, or under 16 years of age in the case of a female, or any
person of unsound mind, from the charge of the lawful guardian
without his or her consent is tantamount to kidnapping the
minor from the lawful guardianship;
(b) Section 363 of the Penal Code provides that whoever
kidnaps any person shall be punished with imprisonment for a
term which may extend to 7 years, and shall also be liable to
a fine;
(c)Section 552 of the Code of Criminal Procedure provides
that upon complaint made under affirmation to a court of the
abduction of a child under the age of 16 years, for any
unlawful purpose, the district magistrate may, after such
inquiry into the truth of the complaint as he may consider
necessary, make an order for the immediate restoration of
such child to his parent, guardian or other person having the
lawful charge of such child, and may compel compliance with
such order, using such force as may be necessary.
G. Abuse and neglect (art. 19), including physical and
psychological recovery and social reintegration (art. 39)
83. Legal context:
(a) Section 65 of the Child Law states that whoever
commits any of the following acts shall, on conviction, be
punished with imprisonment for a term which may extend to six
months or with a fine which may extend to K1,000 or with both:
(i) Employing or permitting a child to
perform work which is hazardous to the
life of the child, which may cause
disease to the child or which is
harmful to the child's moral
character;
(ii) Taking a child to or allowing him to
enter a place where only alcohol is
sold; sending the child to buy
alcohol; selling alcohol to the child;
permitting the child to take alcohol;
employing or permitting the child to
work in a business which trades in
alcohol;
(iii) Urging, inducing or abetting the child
to gamble;
(iv) Accepting as pledge any property from
a child or abetting a child in any
manner to pledge property;
(v) Purchasing any property sold by a
child, with the exception of
purchasing property from a child
who earns a livelihood by selling;
(vi) Inducing a child to escape from a
training school, home,temporary care
station or custodian; abetting the
runaway; harbouring, concealing or
preventing the child from going back
to the place from which the child has
escaped;
(b) Section 66 of the Child Law states that whoever
commits any of the following acts shall, on conviction, be
punished with imprisonment for a term which may extend to two
years or with a fine which may extend to K10,000 or with both:
(i) Failing to take action knowing that a
girl under his guardianship who has
not attained the age of 16 is earning
a livelihood by prostitution;
(ii) Permitting a child under his
guardianship to live together or
to consort with a person who earns a
livelihood by prostitution;
(iii) Employing a child to beg for his
personal benefit; failing to
prevent a child under his guardianship
from begging; making use of the child
in any manner in his livelihood of
begging;
(iv) Wilfully maltreating a child (with the
exception of admonition by a parent,
teacher or a person having the right
to control the child, meant for the
benefit of the child);
(v) Inserting and announcing information
revealing the identity of a child who
is accused of having committed an
offence or who is participating as a
witness in any case, in the radio,
movies, television, newspapers,
magazines, journals or publications
and displaying or making use of the
photograph of the child without the
prior consent of the relevant
juvenile court;
(vi) Using the child in pornographic
cinema, video, television or
photography.
84. Implementation:
(a) In line with the Child Law, adults who commit any
acts that hinder, disturb or destroy the benefits of a child
are punished with imprisonment for a term or with a fine or
with both;
(b) Appropriate rehabilitation measures are being taken
to protect children from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation. These children are
systematically admitted to appropriate schools where academic
as well as vocational training and supplementary care are
given to them according to rehabilitation scheme. During
their stay depending on their age and intelligence level,
relevant programmes which promote self-reliance and
facilitate the child's active participation with the
community are taught.
H. Periodic review of placement (art. 25)
85. Legal context:
(a) Section 33 (a) of the Child Law states that whoever
is of the opinion that any child mentioned in section 32
should be protected and cared for by the State may inform the
relevant Social Welfare Officer stating the facts of the case.
The Social Welfare Officer shall, on receipt of the complaint,
or if he has personally received information in any manner,
make investigations in the manner prescribed to determine
whether or not the child needs the protection and care of the
State and submit his findings together with his opinion to the
Director-General. During the investigation, the Social
Welfare Office has to entrust the child to the parents or
guardian on execution of a bond or send the child to a
temporary care station, before receiving the decision of the
Director-General. If the Director-General finds on scrutiny
that the child needs the protection and care of the State
according to the report submitted by the Social Welfare
Officer, he will send the child to a training school or
entrust the child to a home or to a custodian or cause the
child to be supervised by a probation officer or send
the child to the relevant hospital for medical treatment;
(b) Under section 37 of the Child Law, a police officer or
a person authorized to take cognizance must send the child to
the relevant juvenile court as soon as possible. If the child
cannot be sent as soon as possible to the juvenile court, the
child may be released on execution of a bond or may be sent to
a temporary care station or to another appropriate place;
(c) The Juvenile Court shall, before passing an order on
a child who is found guilty, take into consideration the age
and character of the child, the environmental circumstances of
the child, the motive for committing the offence, the report
submitted by the probation officer and other circumstances
which are required to be taken into consideration in the
interests of the child, and pass an order which is reformative
and which will be beneficial to the child;
(d) Children who are separated from their families and
who need protection and care by the State are admitted to
training schools operated by the Government or non-
governmental voluntary organizations, and if there is
improvement in the moral character of children within a year,
they are returned to the custody of the parents or guardians
concerned with or without a bond;
(e) The Director-General of the Department of Social
Welfare may exercise his power to inspect or cause to be
inspected by a suitable person or any committee, training
schools and temporary care stations established or recognized
under the Child Law;
(f) Under section 59 of the Child Law, the Minister for
Social Welfare, Relief and Resettlement may:
(i) Pass an order at any time to release,
either absolutely or subject to
conditions, a child committed to the
custody of a training school or a
custodian under the Child Law;
(ii) Pass an order to transfer a child
undergoing imprisonment to a training
school or to a custodian till the day
he attains the age of 18 years, if it
is considered beneficial for the
child;
(iii) Pass an order so that the remainder of
the term of imprisonment of a child
who has been transferred under
subsection (b) and who is behaving
well, shall not have effect;
(iv) Cause to have effect the remainder of
the term of imprisonment of a child
who has been transferred under
subsection (b) and who does not
behave well. In so doing, the period
of stay of the child at the training
school or with the custodian, shall be
reckoned as the term of imprisonment
undergone.
VII. BASIC HEALTH AND WELFARE
A. Survival and development (art. 6, para. 2)
86. Legal context:
(a) Section 9 (a) of the Child Law states that every
child has the inherent right to life. Sections 312 to 318 of
the Penal Code prescribe punishments for causing miscarriage,
sterilization of a woman by surgery, sterilization of a man by
surgery, allowing oneself to be sterilized by surgery, death
caused by sterilization by surgery, causing miscarriage
without a woman's consent, death caused by an act done with
intent to cause miscarriage, an act done with intent to
prevent a child being born alive, causing the death of an
unborn child by committing an act likely to cause the
death of a pregnant woman, exposure and abandonment of a
child under 12 years by a parent or person having the care of
it, and concealment of birth by secret disposal of the dead
body;
(b) Relating to the responsibilities of the Ministry of
Health, section 19 (a) of the Child Law states that every
child has the right to enjoy health facilities provided by the
State and section 19 (b) states that the Ministry of Health
shall: (a) lay down the carry out measures for the survival
of the child, immunization of the child, breast-feeding of the
child, family planning, adequate nutrition for the child,
elimination of iodine deficiency disease, school health and
family health; (b) lay down and carry out appropriate measures
for the gradual abolition of traditional practices prejudicial
to the health of the child; (c) carry out measures to minimize
the child mortality rate and to maximize the population of
healthy children.
87. Implementation: Committees to combat and prevent
AIDS, malaria and tuberculosis have been established under the
umbrella of the National Health Committee. In addition, the
State Law and Order Restoration Council issued a directive in
1993 to law and order restoration councils at different levels
to give support to the activities of non-governmental
organizations such as the Myanmar Maternal and Child Welfare
Association, the Myanmar Medical Association, the Myanmar Red
Cross Association, etc.
B. Disabled children (art. 23)
88. Legal context:
(a) As mentioned in section 18 of the Child Law, a
mentally or physically disabled child shall enjoy basic
education (primary level) or vocational education in special
schools run by the Department of Social Welfare or private
individuals or non-governmental organizations; he should
have the right to enjoy special care and assistance provided
by the Government; should enjoy a full and decent life in
conditions which ensure dignity, promote self-reliance and
facilitate the child's active participation in the community;
(b) As mentioned in Disabled Person Employment Act 4 (3)
enacted in 1958, the President can form a new department or
organization to provide vocational education and medical care
to those who are physically disabled or mentally defective;
(c) According to section 32 (c) of the Child Law,
mentally defective children are regarded as children who need
protection and care. Thus, section 34 (d) of the Child Law
states that the Director-General of the Department of Social
Welfare has the right to send mentally defective children
to a mental hospital for treatment.
89. Implementation:
(a) According to the rehabilitation programmes for blind,
disabled and deaf people, the Department of Social Welfare
provides them with academic and vocational education as well
as supplementary care. The Ministry of Health is responsible
for curing and rehabilitation services. The rehabilitation
centre (hospital) in Yangon was converted into a main
rehabilitation centre where disabled children receive priority
for medical care. To make education accessible for disabled
children, the Department of Social Welfare established one
special school each for mentally retarded children, for the
blind and for the deaf and dumb. In addition to these,
non-governmental volunteer organizations organized three
schools for the blind and one school for the deaf and dumb on
a self-reliance basis;
(b) Myanmar was represented at the meeting to launch the
Asian and Pacific Decade of Disabled Persons held in Beijing
from 1 to 5 December 1992. Myanmar also signed the
Proclamation on the Full Participation and Equality of
People with Disabilities in the Asian and Pacific Region on
10 February 1993.
90. Constraints: The cooperation of Departments
concerned is essential in order that disabled children will be
able to attend school like normal children. However, due to a
lack of special training on the part of the teaching staff in
handling disabled children, these children have to face many
problems and difficulties in attending school with normal
children.
C. Health and health services (art. 24)
91. Legal context:
(a) To promote health conditions of all people, including
children, the Union of Myanmar Public Health Law was enacted
in 1972 and the Drugs Law was enacted in 1993. The Public
Health Law covers activities relating to environmental
sanitation, protection of household goods and consumer goods,
running of private clinics, etc. The Drugs Law was laid down
with a view to enforce people to utilize drugs, pure and good
in quality, free from danger, and superior in effectiveness.
The law also states the detailed functions of the Food and
Drug Control Committee which was established with the aim to
provide food, pure and good in quality and free from danger;
(b) In the Union of Myanmar, according to section 21 of
the Nursing and Midwifery Law, a person without a proper
licence is not allowed to give nursing or maternity services.
This law enforces and supports safe and secure childbirth.
Section 15 (f) states that child-birth licence holders should
provide full and utmost care and attention for the health of
the child and the mother which is essential for the health of
children;
(c) In order that non-governmental organizations can
engage in maternal and child-care activities on a non-profit
basis, the Union of Myanmar Maternal and Child Welfare Law was
enacted in 1990. In line with that law, maternal and child
welfare associations that are organized at different levels
from national to village levels, provide health care to
mother, child and families all over the country;
(d) Children who are afflicted with a contagious disease
are regarded as children who need protection and care
according to section 32 (b) of the Child Law. According to
section 34 (c) of the Child Law the Director-General
of the Social Welfare Department shall lay down and carry out
necessary arrangements if he finds on scrutiny that the child
needs the protection and care of the State according to the
report submitted by the Social Welfare Officer; in the case of
a child who is afflicted with a contagious disease, sending
the child to the relevant hospital for medical treatment;
(e) Section 19 of the Child Law states that every child
has the right to enjoy health facilities provided by the
State. It also states that the Ministry of Health shall lay
down and carry out measures for the survival of the child,
immunization of child, breast-feeding of a child, family
planning, adequate nutrition for the child, elimination of
iodine deficiency disease, school health and family health,
gradual abolition of traditional practices prejudicial to the
health of the child, minimization of the child mortality
rate and maximization of the population of healthy children.
Health goals for children and women
92. Legal context: In the Union of Myanmar, national
plans of action relating to the survival, protection and
development of children had been laid down. They are:
(a) Reducing the infant mortality rate from 94 to 50 per
1,000 live births by the year 2000;
(b) Reducing the under-five mortality rate from 147 to 70
per 1,000 live births by the year 2000;
(c) Reducing the maternal mortality rate from 147 to 70
per 100,000 live births by the year 2000;
(d) Eradicating polio by the year 2000;
(e) Eliminating neo-natal tetanus by 1995;
(f) Achieving a 90 per cent Expanded Programme of
Immunization (EPI) coverage rate against the six childhood
diseases;
(g) Providing universal access to information and
services in relation to birth spacing to 60 per cent of the
specified population by the year 1995;
(h) Reducing the rate of severe malnutrition among
children under three from 11 per cent to 5 per cent by the
year 2000;
(i) Reducing the rate of severe and moderate malnutrition
among children under three from 37 per cent to 19 per cent by
the year 2000;
(j) Reducing the rate of low birth weight from 24 per
cent to 10 per cent by the year 2000.
93. Implementation:
(a) Since 1948 when Myanmar regained her independence,
the Ministry of Health has taken responsible measures for
child care and maternal health. Primary health care was
implemented as one of the projects of People's Health
Programme-I (1978-1982), People's Health Programme-II
(1982-1986), People's Health Programme-III (1986-1990) and
National Health Programme (1990-1992) since 1978. Family
health care was included in the National Health Programme, and
in that programme necessary measures are taken to reduce
maternal and child morbidity and mortality rates;
(b) In 1993 the National Health Policy and the national
policy on population (draft), in which two important policies
on maternal and child health were included, were promulgated.
They are:
(i) To raise the national health standard and to
promote people's hysical and mental well-being
in line with the motto "Health for all by the
year 2000" by providing primary health care;
(ii) To follow the guidelines relating to the
national policy on population.
(c) All families have to participate in the birth spacing
programme according to the guidelines relating to the national
policy on population. That policy was put into practice by the
Maternal and Child Care Health Centres, Maternal and Child
Welfare Associations and school health centres in both big and
small towns. In rural areas, rural health centres and related
rural health sub-centres are taking the necessary steps to
put that policy into practice;
(d) Regarding chld-care services, one paedeatric hospital
was established in Yangon. In State and Divisional-level
hospitals, paediatric wards for children's health were
included. Township-level hospitals are also looking after
the health of the children. Maternal and Child Health Centres
and Maternal and Child Welfare Associations are rendering
services for the health of the children in urban areas, while
in the rural areas, Rural Health Centres and Rural Health
Sub-centres are assuming these responsibilities
(e) Based on the workforce of health workers, viz. health
assistants, nurses, lady health visitors, midwives, public
health supervisors and volunteer health workers, the following
actions are taken to promote the health of the children.
(i) Child Survival Programme, including primary
health-care provisions for the survival,
protection and development of children;
(ii) EPI against the six childhood diseases
(tuberculosis, diphtheria, whooping cough,
tetanus, that usually occur in children under
one year of age;
(iii) Programme for breast-feeding of all children;
(iv) Programme for birth spacing and maternal and
child health;
(v) School health activities for children of school
age;
(vi) Activities relating to the reduction of iodine
deficiency diseases;
(vii) Birth-spacing programme in line with the
guidelines of the national policy on population
to promote child and maternal health;
(viii) Dissemination of information on health to
mothers by health workers;
(ix) Establishment of rehabilitation centres for the
provision of basic exercises for disabled
children;
(x) Conducting sports activities and competitions
for the disabled, including disabled children,
by the Department of Sports and Physical
Education;
(xi) Measures by the environmental sanitation section
of the Department of Health to have access to
safe drinking water;
(xii) Additional measures to prevent accidental
injuries to children.
(f) The Myanmar Medical Association (MMA) is carrying out
the following activities for children:
(i) Conducting the Paediatrics Part I examination
every two years;
(ii) In yearly Training of Trainers, information on
acute respiratory infection (ARI), control of
diarrhoeal disease (CDD), hepatitis, universal
child immunization (UCI), nutrition, dengue
haemorrhagic fever (DHF), HIV/AIDS, etc.,
relating to child health are included so that
this knowledge can be re-disseminated at
refresher courses at state/divisional or
township levels;
(iii) Mobile training unit conducts training on child
health;
(iv) Myanmar Medical Association, Paediatric Section,
conducts regular seminars on medical education
every year, and presents papers on paediatric
care at medical conferences held every two
years.
(v) Dissemination of health knowledge is done
through various programmes. Matters of
prevention and care of common diseases are
printed on calendars, pamphlets, brochures,
T-shirts, posters. Lectures and discussions are
extensively used, followed by TV programmes on
health education for the masses;
(vi) A paediatrics textbook was prepared for use in
medical colleges and distributed at a low price
to medical students. The Paediatrics Bulletin
and New Look Medical Memo for medical doctors
are also distributed regularly;
(vii) Necessary help and assistance are provided to
national health-care programmes and activities
including UCI, ARI, CDD, family planning,
baby-friendly hospital initiative,AIDS,
nutrition, etc.;
(viii) Nationwide participation in the 1990 UCI
programme, jointly sponsored by the Department
of Health and UNICEF;
(ix) Important research related to the implementation
of health programmes is conducted resulting in
the presentation of research papers of world
standard. Dr. U San Baw's prize of K 5,000 to
the most outstanding researcher is awarded
yearly;
(x) In honour of World Breast-feeding Day, lectures,
discussions and workshops were conducted. The
Baby-Friendly Hospital Initiative (BFHI) was
successfully carried out and necessary preparations are being made to introduce
Baby-Friendly Clinic Initiative (BFCI) and Baby-
Friendly Home Delivery (BFHD) activities in
clinics all over the country;
(xi) Representatives from MMA are cooperating with
the National Health Committee, the National
AIDS Committee, the Malaria Supervisory
Committee and the National Committee for the
Rights of Children.
Provision of safe drinking-water and sanitation
94. Since 1978 attempts have been made to provide safe
drinking-water at hospitals, clinics and schools in rural
areas by the Environmental Sanitation Section of the
Department of Health, Ministry of Health, covering 255
hospitals, 278 rural health centres and 802 primary schools.
Up to 1993, in urban areas, provision of safe drinking-water
covers up to 38 per cent of people and provision of access to
safe means of human excreta disposal covers up to 44 per cent,
while in rural areas, provision of safe drinking-water covers
up to 36 per cent and provision of access to safe means of
human excreta disposal covers up to 39 per cent. Special
efforts are made to provide safe drinking-water and sanitation
to meet the target by the year 2000. As the Agriculture
Mechanisation Department, Ministry of Agriculture, is taking
necessary measures to provide water in rural areas, since
1989, 2,240 machine-driven tube wells, 9,538 hand-driven tube
wells, 17 community water-supply systems, 8,250 hand pumps, 14
solar energy used water pumping machines have been provided.